Bill Text: CA SB922 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Surplus state property: affordable student housing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-10 - April 10 set for first hearing. Failed passage in committee. (Ayes 5. Noes 5. Page 4604.) Reconsideration granted. [SB922 Detail]

Download: California-2017-SB922-Amended.html

Amended  IN  Senate  March 01, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 922


Introduced by Senator Nguyen

January 23, 2018


An act to amend Section 56001 of the Government Code, relating to local government. An act to add Section 11011.30 to the Government Code, and to add Section 21080.40 to the Public Resources Code, relating to state property.


LEGISLATIVE COUNSEL'S DIGEST


SB 922, as amended, Nguyen. Local government: planning. Surplus state property: affordable student housing.
Existing law requires the Department of General Services to dispose of surplus state real property in a specified manner. Existing law requires the department to offer surplus state real property to a local agency and then to nonprofit affordable housing sponsors, prior to offering the property for sale to private entities or individuals, for use for open space, public parks, affordable housing projects, or development of local government-owned facilities.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would authorize the Department of General Services to dispose of surplus state real property located within 2 miles of a campus of the University of California, California State University, or California Community Colleges by first offering the property to a local agency or nonprofit organization for the development of affordable student housing. The bill would provide that ownership of the property transferred reverts back to the state if the transferee fails to commence the development of affordable student housing on the property within 2 years of the transfer. The bill would exempt from the requirements of CEQA the transfer of the property and the development of affordable student housing on the property. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, makes certain findings and declarations relating to local government organizations, including, among other things, the encouragement of orderly growth and development, and the logical formation and modification of the boundaries of local agencies, as specified.

This bill would make nonsubstantive changes to these findings and declarations.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) According to the California State University, one in five students attending the California State University experience chronic hunger, and one in 10 students experience homelessness or housing insecurity.
(2) Housing insecurity and hunger affect a student’s health and academic performance, and can cause a student to withdraw from class, risking his or her graduation potential.
(3) The first priority for the disposal of state surplus property is the development of affordable student housing in California.
(b) It is the intent of the Legislature to decrease the incidence of hunger and homelessness for college students in California.

SEC. 2.

 Section 11011.30 is added to the Government Code, to read:

11011.30.
 (a) (1) Notwithstanding paragraph (2) of subdivision (b) of Section 11011.1, the Department of General Services may dispose of surplus state real property located within two miles of a campus of the University of California, California State University, or California Community Colleges by first offering the property to a local agency, as defined in Section 54221, or a nonprofit organization, for the development of affordable student housing.
(2) If no local agency or nonprofit organization is interested in developing the property for affordable student housing, the Department of General Services shall dispose of the property in compliance with paragraph (2) of subdivision (b) of Section 11011.1.
(b) Ownership of surplus state real property transferred pursuant to an offer made under this section shall revert back to the state if the transferee fails to commence the development of affordable student housing on the property within two years of the date of the transfer.

SEC. 3.

 Section 21080.40 is added to the Public Resources Code, to read:

21080.40.
 This division does not apply to the transfer of property pursuant to an offer made under Section 11011.30 of the Government Code or the development of affordable student housing on the property transferred.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.Section 56001 of the Government Code is amended to read:
56001.

The Legislature finds and declares it is the policy of the state to encourage orderly growth and development which are essential to the social, fiscal, and economic well-being of the state. The Legislature recognizes that the logical formation and determination of local agency boundaries is an important factor in promoting orderly development and in balancing that development with sometimes competing state interests of discouraging urban sprawl, preserving open-space and prime agricultural lands, and efficiently extending government services. The Legislature also recognizes that providing housing for persons and families of all incomes is an important factor in promoting orderly development. Therefore, the Legislature further finds and declares that this policy should be effected by the logical formation and modification of the boundaries of local agencies, with a preference granted to accommodating additional growth within, or through the expansion of, the boundaries of those local agencies that can best accommodate and provide necessary governmental services and housing for persons and families of all incomes in the most efficient manner feasible.

The Legislature recognizes that urban population densities and intensive residential, commercial, and industrial development necessitate a broad spectrum and high level of community services and controls. The Legislature also recognizes that when areas become urbanized to the extent that they need the full range of community services, priorities are required to be established regarding the type and levels of services that the residents of an urban community need and desire; that community service priorities be established by weighing the total community service needs against the total financial resources available for securing community services; and that those community service priorities are required to reflect local circumstances, conditions, and limited financial resources. The Legislature finds and declares that a single multipurpose governmental agency is accountable for community service needs and financial resources and, therefore, that agency may be the best mechanism for establishing community service priorities especially in urban areas. Nonetheless, the Legislature recognizes the critical role of many limited purpose agencies, especially in rural communities. The Legislature also finds, whether governmental services are proposed to be provided by a single-purpose agency, several agencies, or a multipurpose agency, responsibility should be given to the agency or agencies that can best provide government services.

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